The Top 7 Benefits of Hiring a Car Accident Attorney

Number 1: Stress Relief

Being involved in a car accident is an extremely stressful experience, one that can leave lasting physical and psychological damage. Then on top of all of that you have to deal with the insurance companies, parties involved, mechanics, appraisers, and adjusters etc. the list goes on and on. But it doesn’t have to. Hiring a car Accident Attorney can lift all of the weight off of your shoulders so you can focus on recovery and getting back to your life. Knowing that your interests are being taken care of will greatly reduce your stress levels and increase your quality of life.

Number 2: Determine Fault

An experienced attorney can help you gather the facts of your situation, all of which can be used to properly determine which party was at fault during the car accident. Determining fault is a major part of a Personal Injury case that can decide your payout; this is a subject that can be further broken down by your attorney depending on the state you live in.

Number 3: Protecting you Position

The information that you provide to your attorney is confidential, they will act as a filter that protects your interest. This means that your attorney is on your side and will never jeopardize your interests when it comes to representing you in a personal injury case. This protection of your interest is something that is streamlined by the attorney’s knowledge of the law.

Number 4: Timely Professional Action

As a professional it is the duty of the attorney to keep the interests of the client in mind when working on their cases. Meaning that there will always be timely due diligence when working towards the result that will bring a win-win for both the client and the attorney.

Number 5: Increase Chances of winning case

Being represented by an Accident Attorney will greatly increase your chances of winning your personal injury case. This is because attorneys have the knowledge and tool set to streamline the process of a personal injury case. By gathering accurate and relevant evidence and forming strong foundations for claims Accident Attorneys have a positive influence on the outcome of your case.

Number 6: Appraising claim

Finding a tangible value for the damages generated by a car accident can seem like an extremely daunting task. However, an Accident Attorney has the resources that allow for an accurate and fair appraisal. This appraisal is central for negotiation of a fair payout, and is often low when done by insurance companies.

Number 7: Negotiation

An Accident Attorney will seek the best results in negotiation for the payout of a claim. This task can be extremely stressful and difficult for the average person because adjusters are experienced and hawkish negotiators that will minimize your payout. Luckily Attorneys are great negotiators who will not budge when it comes to their client’s interest.

The Banker’s Hill Law Firm, APC specializes in auto-related injuries. Attorneys will fight to get you maximum compensation. With our 30 years of legal experience this team will take great care of you and your case. We offer a 100% free consultation. Contact us today to schedule an appointment at 619-230-0330 or Info@bhlflaw.com

The Banker’s Hill Law Firm, APC specializes in auto-related injuries. Attorneys will fight to get you maximum compensation. With our 30 years of legal experience this team will take great care of you and your case.

Can I get workers’ compensation if I am undocumented?

Workers’ Compensation provides benefits not only to those who were injured on the job but also to those who have fallen ill due to their job, or those who develop a disability due to their job, even those whose existing disability is made worse by working conditions. Almost all employers are required to have workers compensation insurance in order to cover the benefits of injured employees, regardless of their immigration status.

These benefits cover the cost of medical treatment and sometimes lost wages. Sometimes it can be hard to gain compensation for lost wages and other benefits, but this all depends on your legal resources. Filing alone won’t always maximize your benefits, which is why you should seek legal counsel for all Workers’ Compensation cases. As an undocumented worker you enjoy most legal rights given to every worker in California. (With the exemption being unemployment insurance.) Also have the right to health and safety laws to minimize the chances of you needing Workers’ Compensation. These are rights that allow you to refuse unsafe work which you can report to Cal/OSHA. Workers’ Compensation can grant temporary or permanent disability benefits depending on the severity of the injuries you have suffered as a worker, the benefits will always vary accordingly.

As an undocumented worker there are employers that will take advantage of the looming fear behind your status in order to minimize the damage you have suffered, but that does not mean you do not have rights as a worker or a human being. This is why it is important to get legal aid to properly protect and represent your interests.

Do you want to discuss your case with an experienced legal team? Do you want your case handled professionally while maximizing your compensation? Bankers Hill Law Firm, APC along with its 30 years of legal experience will take great care of you and your case. We offer a 100% free consultation. Contact us today to schedule an appointment at 619-230-0330 or Info@bhlflaw.com

Yes! You can get Workers’ Compensation if you are an undocumented worker. In California all workers who are injured on the job qualify for Workers’ Compensation benefits.

The Main Reasons for Car Accidents

Distracted Driving

 

Over 3000 people were killed from accidents involving distracted driving in 2019 (National Highway Traffic Safety Administration). This includes any behavior that takes the driver’s attention away from the road, such as eating, texting, talking, listening to music, or daydreaming.

 

Speeding

 

According to the National Highway Traffic Safety Administration, speeding accounts for around one third of all vehicle accidents. There is a common belief that going 5-10 mph above the speed limit is not considered speeding, but what is considered a safe speed always depends on the context. On a sunny day, going 5 mph above the limit would be considered relatively safe, but a rainy day might call for a stricter or even slower interpretation of the speed limit. Note that even 1 mph over the speed limit is illegal and grounds for being written up with a fine if you are pulled over. 

 

Alcohol, Marijuana, and Opioids

 

In California, it is illegal to drive with a blood alcohol content of 0.8% or more. The Virginia Tech Transportation Institute argues that driving under the influence is the most dangerous form of distracted driving – their studies find that the influence of alcohol and drugs multiply crash rates by 36 times. The manifestations of these findings are apparent in CDC data that shows that every day, 29 people die because of an alcohol-impaired driver.

 

Fatigue

 

Micro-sleeping happens when drivers are tired and fall asleep for a brief period of time, usually from 1 to 10 seconds. These episodes are dangerous and give opportunity for drivers to lose control of the car. According to the CDC, people who have been away for 18 hours straight have the same cognitive and motor abilities as someone with a blood alcohol content of 0.05%. It is imperative for drivers to get adequate sleep before driving and take breaks when they feel tired. 

 

Weather

 

Rain, snow, and fog visually impair the driver easily. Cold and wet weather can also make roads slippery and thereby make vehicles harder to control. When driving in harsh weather conditions, it is important to drive slower and prepare the car with appropriate equipment to ensure safety. 

The National Safety Council reports that around 4.8 million people were injured in car crashes in the US in 2020. Despite stay-at-home orders and stay at home orders, vehicle-related fatality rates still increased 24% in the last year. Here are some of the top reasons for car accidents. 

Can I be Fired After a Workers’ Compensation Claim?

California’s Labor Code Section 132(a) states that “there should not be discrimination against workers who are injured in the course and scope of their employment” and specifies the legal consequences of retaliation. In the case of discrimination due to a workers’ compensation claim, employees are entitled to an increase of half of their current salary, as long as the total does not exceed $10,000. The employer is also legally required to make up for lost wages and benefits and reinstate the employee’s wrongfully terminated career. 

 

On the other hand, wrongful termination lawsuits can be hard to prove, considering that employers are legally allowed to fire their employees for a variety of reasons. Employers can attribute the termination to work performance, layoffs, changes in the company, or even the injuries that the employee sustained from the workplace. As long as the employer can prove that the employee was not pulling their weight in the office, they have a valid reason for the firing.

 

With that said, what can you, an employee, protect themselves from retaliation?

 

If you feel discriminated against in your office because of your workers’ compensation claim, it is important to gather evidence of causation. You should gather proof that your employer’s behaviors and attitudes towards you changed after you filed for worker’s compensation. Maybe they consistently left glowing reviews on your work until your injury, but became overly critical and negative after, even though your quality of work remained the same.

 

You can also prove that the termination, pay cut, demotion, or discrimination you experienced was against normal protocol: maybe a coworker made the same error but was let off with a warning, whereas you were fired for the same action.

 

Should I still file a workers’ compensation claim even if I might get fired?

 

Yes. Remember, the law explicitly prohibits retaliation. Employees have the legal right to demand workers’ compensation without punishment when they sustain injuries or illnesses from their employment. Even if you do get fired because of your workers’ compensation claim, contact a lawyer and take it to court.

The short answer: no, but your employer can fire you citing other reasons. 

Most states, including California, have laws barring employers from retaliation against their employees when they file a workers compensation claim. Retaliation does not just include firing, but also demotions, pay cuts, threats to termination, or any other disciplinary discrimination. If an employer unjustly fires an employee because of a workers’ compensation claim, the employee has grounds for a wrongful termination lawsuit. 

All You Need to Know About Your DACA

What is DACA?

In 2012, President Obama issued the Deferred Action for Childhood Arrivals (DACA) program, which protects over 800,000 undocumented immigrants from deportation as long as they prove that they arrived in the US before they were sixteen.

 

DACA does not provide a pathway to citizenship for these individuals but grants them the right to stay in the US, apply for a driver’s license, a social security number, and a work permit. Their legal status is subject to renewal every two years based on good behavior. As of December 4, 2020, DACA has reopened applications for individuals not currently enrolled to apply for deferred action. 

Who can apply?

According to the Migration Policy Institute, around 1.8 million people qualify for DACA, but only 800,000 are currently enrolled. The following are the qualifications for eligibility to the program:

  • Be under the age of 31 as of June 15, 2012;
  • Immigrated to the United States before turning 16;
  • Continuously lived in the United States from June 15, 2007, up to the present;
  • Was physically present in the United States on June 15, 2012,
  • was physically present in the US when submitting the request for deferred action
  • Had no lawful status on June 15, 2012, meaning that:
  • Either be currently in school, graduated or obtained a certificate of completion from high school, obtained a general education development (GED) certificate, or be an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
  • Have not been convicted of a felony, significant misdemeanor, or three or more other misdemeanors, and do not pose a threat to national security or public safety.

Be prepared to show documents that prove each requirement, as well as proof of identity. Applicants must also fill out two forms (I-821D, Consideration of Deferred Action for Childhood Arrivals, and I-765, Application for Employment Authorization) and a worksheet (I-765WS, Worksheet) to apply. Check the USCIS website to make sure you have the latest version of the forms.

 

Fee Exemptions

 

As of January 2021 the application fee for DACA is $495. Applicants making less than 150% than the poverty line who are also in severe debt, have a chronic disability, or are younger than 18 and lack parental support may be eligible for the fee exemption.

 

Be sure to apply for a fee exemption before submitting the official request for DACA. 

 

Can I travel if I am applying for DACA?

 

If you already have DACA, you must apply for advanced parole to travel. Do not travel if your application request is under review, as it might jeopardize or complicate the process.

 

What is happening with DACA now?

 

The Trump Administration automatically rejected new DACA and prohibited current recipients from applying for advance parole. On December 4, 2020, federal judge Nicholas Garaufis of the U.S. District Court in Brooklyn ordered the government to lift the restrictions placed during the Trump administration and restore DACA to its original form.

 

DACA currently is facing a new legal battle in Houston, Texas. The case is a continuation of a 2018 lawsuit against the constitutionality of the Obama-era version of the lawsuit. Texas, along with a coalition of eight other states, argues that DACA forces states to bear unfair financial burdens. Judge Andrew Hanen, who expressed concern for the unconstitutional DACA in 2018, is set to issue a ruling in early April 2021.

 

Get additional information about DACA from the USCIS website here

Ever since President Trump first attempted to rescind the Deferred Action for Childhood Arrivals, (DACA) program in 2017, the policy has become one of the most intensely debated topics in the country’s political and legal battlegrounds. What is DACA? Who qualifies? And what is happening now?